STATE OF BIHAR Vs. SUCHIT HALWAI

JUDGEMENT

(1.) In this case petitioners have sought special leave to appeal under Article 136 of the Constitution of India against the final judgment and order dated 21.01.2016 passed by the High Court of Judicature at Patna in Second Appeal No. 207 of 2015.

(2.) There was a delay of four years and twenty three days in filing the appeal. The High Court was not satisfied with the explanation offered by the petitioners for condoning the delay. Therefore, the application filed for condonation of delay was dismissed. Consequently, the appeal was also dismissed as barred by limitation. There is also a delay of 393 days in filing the special leave petition. An application has been filed seeking condonation of delay in filing the special leave petition.

(3.) Taking note of the explanation offered by the petitioners before the High Court seeking condonation of delay, this Court summoned the Chief Secretary of the State of Bihar to offer explanation. The Chief Secretary has filed an affidavit explaining reasons for the delay in filing the Second Appeal. The Chief Secretary in his affidavit has also stated that action has been initiated against the officials who are responsible for the delay in filing the Second Appeal.